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Judgment
This is an application by some of the persons claiming to be the existing trustee of Shri Jetha Dhanji Trust.
The matter had a chequered history.
The applicant No.1 along with other three persons of which it appears that applicant No.3 is common earlier had applied for an originating summons.
In the said proceeding the dispute was with regard to the administration of the estate of one Jetha Dhanji.
Jetha Dhanji executed a Will prior to his death, by which he created a trust and also appears to have dedicated certain, at least a portion of his estate to the Mandir (temple) of Sree Radha Krishna Jee, subject to an interest in favour of the widow and daughter of the pre-deceased brother of the testator.
Letters of Administration were granted with the copy of the Will annexed to the following five persons, namely Khatris/Vrajlal Khatau of Bombay; Khatri/Devchand Magji, Manager of the property of Bhagwan Shree Radhakrishnaji; Khatri Odhavji Danyalal; Khatri Girdharlal Vallabhji; and Khatri Shamji Govindji, all of Kutiyana, by the High Court of Judicature at Junagadh, by a judgment and order dated July 16, 1948.
The Letters of Administration were directed to have effect throughout the Junagadh State only.
The Administrators were also to undertake to administer the property and credits of the deceased and to make a full and true inventory of the said property and credits and exhibit the same to the court of the Munsif and Kutiya within six months from the date of the grant, or within such further time as the Court may, from time to time, appoint and also render to the court a true account thereof within one year from the same date or within such further time as the court say, from time to time, appoint.
The Administrators were also directed to furnish two sureties to the administration in each case in the amount of the property for which the grant was to be made.
The said originating summons was dismissed by an order dated 27th August, 1997 after coming to a finding that the plaintiffs No.2 to 5 have no right to represent the plaintiff No.1 at all.
The said order was affirmed by the Division Bench.
It is significant to know that before the Honble Division Bench certain certificates were said to be produced like the present one to establish that they have a locus to present the said application and claim administration of the said estate.
It is also significant to mention that the certificate of the charity commissioner of Gujarat dated 6th January, 1966 was relied upon in both the earlier proceedings.
The Administrator General was appointed to the estate on 3rd May, 1954.
It appears from the affidavit filed by the Administrator General that :Khettry Jetha Jee Dhanji, since deceased, was during his lifetime and at the time of his death a Hindu governed by the Mitakshara School of Hindu Law, died on or about the 19th day of August, 1913 in his native place within the State of Junagarh, which was then a Native State in Western India.
He died possessed of various properties, both movable and immovable, within and outside the jurisdiction of this Honble Court.
The said deceased prior to his death, on or about the 6th day of December, 1912 executed and published a Will in Gujrati language, whereby he appointed the undermentioned five persons as the executors and trustees of his last Will, who are as follows : (i) Kshetri Kalidas Hansraj (ii) Kshetri Bhowan Lalji (iii) Kshetri Praban Das Debji (iv) Bai Gomti Bai and (v) Kshetri Ballavji Narain.
The said deceased expressly directed the executors to apply for Probate in the Honble High Court at Calcutta.
After the death of the deceased in 1913, none of the above-mentioned executors applied for Probate of the said Last Will of the deceased.
All the executors and trustees named in the said Will are now dead.
The deceased was reported to have left no heir save and except one Gomti Bai, the widow of the pre-deceased adopted son, who also died on or about 16th March, 1945.
The deceased by his Will after making provision for payment of certain specific legacies and annuities from out of the income of his Estate, bequeathed the surplus to be paid by the trustees of the said Will to an education fund in Mumbai.
On the application of Jadavji Nathubai Peabia and two of the members of the Gujrati Kshatri Community in Calcutta, an order was made by this Honble High Court on the 4th September, 1945, inter alia, directing the Administrator General to take possession of 35, Armenian Street, Calcutta, the only property of the above Estate lying within the State of West Bengal, under Section 11 of the Administrator Generals Act, 1913 and to collect and realize rents including arrears.On the 18th day of September, 1948 Letters of Administration with a copy of the said Will annexed, was granted in favour of Kshatri Girdharilal Vallavji, Deb Chand Nagji, Kshatri Vraglal Khaitan, Kshatri Odavji Dayalal and Shanji Govindji on their applications, by the Junagarh Court with effect throughout the Junagarh State.
On the 31st day of August, 1950, the said Kshatri Girdharilal Vallavji applied before this Honble Court for grant of the Letters of Administration to the said applicants.
On presentation of the said petition, special citation was issued on the 11th January, 1951 for service on the Advocate General of West Bengal and the State of West Bengal.
On or about in the month of February, 1951, Caveat was entered in the said Goods by or on behalf of the Advocate General and the State of West Bengal, whereupon it was contended on behalf of the Caveators that the property has escheated to the State.
Two Affidavits-in-Opposition (one by Sr.K.G.Vallavji in whose favour a grant of Letters of Administration with copy Will annexed was granted jointly with others at Kutiana, in the State of Junagarh and the other by five members of the Gujrati Kshatri Community and of Sr.Calcutta Brahma Kshatriya Samaj) were filed in the above Goods.
Their contention was that as there were valid charitable bequests contained in the said Will of the deceased, the question of escheat to the Government in this case did not arise and the Administrator General was entitled to obtain a grant of Letters of Administration with copy Will is annexed in the above Estate in view of the Letters of Administration having been granted by the Junagarh Court to K.G.Vallavji and others.The point in issue in respect of the aforesaid legal proceedings was that whether the persons who had proved the Will of the deceased and obtained a Grant in Junagarh had a prior right to represent the State of the deceased in West Bengal and whether the State could escheat to the Estate in the particular circumstances of the caes.
The suit finally came up for hearing on the 6th July, 1953 when the Honble High Court directed the all persons mentioned in the said Estate to apply for grant of Letters of Administration.
It was on such consideration that the Letters of Administration was granted on 3rd May, 1954.
Thereafter, the applicant No.1 and the applicant No.3, who appears to be common in both the applications, claimed to be the existing trustees of the said trust and filed the originating summons suit.
They were unsuccessful.
Almost after 11 years.a similar claim is made by four persons out of which two are common.
This time with an application under Section 7 of the Charitable and Religious Trust Act, 1920 with documents which are same and/or similar to the earlier documents not accepted by the Court.
The applicants have fairly disclosed the order dated 27th August, 1977.
However, the application for originating summons was not disclosed.
The affidavit filed by the applicant No.1 in the originating summons suit disclosed by the Administrator General shows that the applicant No.1 described himself as one of the trustees of the said trust.
Since the issue has already been conclusively decided in the earlier proceeding and in absence of any document which calls for a fresh consideration, this application stands dismissed.
However, there shall be no order as to costs.
ACR 2of 2016 stands dismissed.